I am not going to the trouble of trying to explain this so that those not well-versed in Social Security can understand it. People who cannot understand this, would not care anyway.
Can Social Security issue a partially favorable decision on re-recon (or informal remand, if you wish to use the agency's formal terminology)? I have been told that this is not allowed, but take a look at this POMS section, which shows a form for issuing a partially favorable re-recon decision and also look here at this POMS section that was updated in 2002 that refers to partially favorable re-recons. The form, in addition to being impossibly confusing, is clearly quite old, since it refers to the Bureau of Hearings and Appeals, whose name was later changed to the Office of Hearings and Appeals and then to the Office of Disability Adjudication and Review.
If partially favorable decisions can be issued on re-recon, what is the procedure after the partially favorable decision? If partially favorable decisions are not allowed on re-recon, can DDS call the claimant or his or her attorney to ask if they want to agree to accept the partially favorable decision? Should DDS notify ODAR if it feels that a partially favorable decision should be entered, but it is not allowed to do so?
And where are Social Security's updated re-recon instructions? Could they possibly be in an emergency message that is too sensitive to release to the public? That sounds ridiculous, but most emergency messages are being withheld from the public.
Can Social Security issue a partially favorable decision on re-recon (or informal remand, if you wish to use the agency's formal terminology)? I have been told that this is not allowed, but take a look at this POMS section, which shows a form for issuing a partially favorable re-recon decision and also look here at this POMS section that was updated in 2002 that refers to partially favorable re-recons. The form, in addition to being impossibly confusing, is clearly quite old, since it refers to the Bureau of Hearings and Appeals, whose name was later changed to the Office of Hearings and Appeals and then to the Office of Disability Adjudication and Review.
If partially favorable decisions can be issued on re-recon, what is the procedure after the partially favorable decision? If partially favorable decisions are not allowed on re-recon, can DDS call the claimant or his or her attorney to ask if they want to agree to accept the partially favorable decision? Should DDS notify ODAR if it feels that a partially favorable decision should be entered, but it is not allowed to do so?
And where are Social Security's updated re-recon instructions? Could they possibly be in an emergency message that is too sensitive to release to the public? That sounds ridiculous, but most emergency messages are being withheld from the public.
Can Social Security issue a partially favorable decision on re-recon
ReplyDeleteNO
And where are Social Security's updated re-recon instructions? Could they possibly be in an emergency message that is too sensitive to release to the public?
YES
I don't know for sure. I will have to look at DDS instuctions when I go back to work next week. I don't work these cases myself, but what I heard (i.e., totally unoffical scuttlebutt-sp?)is that the rules DDS were given on the earlier remands first go-round was to permit partially favorable allowances if the rep agreed, but often the reps objected and wanted a full ODAR hearing resulting in a return to ODAR to be rescheduled. I'd guess you all are hoisted on your own petard. Of course senior attorneys in ODAR (who apparently review part favorables when DDS sends sends them back) can do whatever or fully favorable, partly evidence be da--ed.
ReplyDeleteOh gee. Did I say evidence be da--ed? I must have forgotten that I skipped law school. I have a radical suggestion to satisfy most all the complaints: have initial claims heard FIRST in ODAR, then any appeals heard by each lower paid and more efficient state DDS adjudicators. Hey, what is it with all those fraud convictions you post? Who allowed people who can work (not that anyone is perfect?)
ReplyDelete